Terms and Conditions

1. Acceptance

Welcome to Essayd. Our services are offered by Essayd through Web pages at the URLs www.essayd.com, and pages linked thereto which display Essayd Terms and Conditions.

2. Definitions

“Services” referring to all literary pieces written by or for Essayd.com by third parties hired by Essayd for its commercial purposes.

3. Terms and conditions

By accessing Essayd or using any of the Services, you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular Service or any Essayd web site, as all of the same may be modified by Essayd from time to time (collectively the "Terms and Conditions"). Please note that the Terms and Conditions may be updated from time to time without notice to you, so please check back periodically.

4. Rules and Conduct

In consideration of the availability, and your use, of the Services, you agree, while visiting the Essayd, not to :

  1. post, transmit, link to, or otherwise distribute any information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use Essayd or any of its Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying Essayd, its Services or the Internet;
  2. post, transmit, link to, or otherwise distribute any information or software which contains a virus, Cancel bot, Trojan horse, worm or other harmful or disruptive component;
  3. upload, post, publish, transmit, reproduce, link to or otherwise distribute in any way, information or other material obtained through Essayd or its Services, or any derivative work thereof, which is protected by copyright, or any other intellectual property right, without obtaining permission of the copyright owner or right holder;
  4. impersonate or falsely represent your association with any person, including an Essayd representative; and
  5. use, reproduce, sell, resell or otherwise exploit Essayd or any of its Services for any commercial purposes.

5. Responsibility for Minors

In cases where you have authorized a minor to use any of the Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of any such Services; and (iii) the consequences of any misuse by the minor.

6. Intended use

You acknowledge that Essayd and its services are not intended for academic cheating purposes but rather for academic research assistance only. Essayd highly recommends that you formulate your own opinions and research your own references in order to write your own creative and original literary piece for academic evaluation.

7. Monitoring

You acknowledge that Essayd has no obligation to monitor Essayd.com or any content, products or services (collectively, "Content") accessible through Essayd.com or any of its Services. However, you agree that Essayd has the right to monitor Essayd.com electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate Essayd.com or any of the Services properly, or to protect itself or its users in accordance with Essayd Privacy Policy. Essayd reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of the Terms and Conditions. You understand that by using the Services, you may have access to Content which may be offensive or objectionable to you. Under no circumstances shall Essayd be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any use of, or access to, any such Content.

8. Privacy Policy

Essayd agrees not to disclose any information regarding its users to any academic institution. However, you agree that your client information, such as your name, telephone number, home address and/or email address may be sold by Essayd to third parties interested in your contact information.

9. Payment

By filling out the order form, you agree to pay the amount specified. In connection with the forgoing, you warrant that: (a) you are of the age of majority in the jurisdiction in which you reside, (b) all information you submit is true and correct (including without limitation all credit card information), and (c) you are the cardholder of the credit card you are using. You acknowledge and agree: (a) to the Terms and Conditions, including without limitation the disclaimers, limitation of liability and provisions related to prohibited conduct set out herein as well as any terms and conditions outlined above (b) that you are solely responsible for all acts or omissions that occur through your order, (c) that your order is for your personal, non-commercial use and you agree not to resell, distribute, transfer, share or otherwise use any literary pieces belonging to Essayd (d) that Essayd reserves the right to suspend or terminate your order at any time, including without limitation, where Essayd has determined, in its sole discretion, that your use of its services is, or was, in breach of the Terms and Conditions. Any such termination by Essayd shall be in addition to and without prejudice to such rights and remedies as may be available to Essayd, including injunction and other equitable remedies.

10. Service Modifications

You acknowledge and agree that Essayd reserves the right at any time to modify or discontinue any of the Services with or without notice to you, and that Essayd will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modifications or discontinuance.

11. Termination

You acknowledge and agree that Essayd, in its sole and absolute discretion, may, without notice to you, suspend or terminate your order or your use of, or access to, any of its Services, and remove and discard any information or content related to such Service (and your use thereof), for any reason, including where Essayd believes that you have violated any of the Terms and Conditions. You further agree that Essayd shall not be liable to you or to any other person as a result of any such suspension or termination.

If you are dissatisfied with Essayd, any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of Essayd, your sole and exclusive remedy is to discontinue using Essayd.

12. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) ESSAYD AND ITS SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT ESSAYD MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF ACADEMIC SUCCESS AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) ESSAYD SPECIFICALLY MAKES NO WARRANTIES THAT ESSAYD OR ANY OF ITS SERVICES, INCLUDING ANY CONTENT, INFORMATION OR SERVICES OBTAINED FROM OR THROUGH THE USE OF ESSAYD, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

13. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ESSAYD, INCLUDING ITS AFFILIATES, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY INTANGIBLE LOSSES, REGARDLESS OF WHETHER ESSAYD HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES, OR (B) ANY OTHER MATTER RELATING TO ESSAYD OR ANY OF THE SERVICES, REGARDLESS OR WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE. YOU AGREE THAT YOU MAY ONLY BE ENTITLED TO THE MAXIMUM INDEMNITY OF THE AMOUNT PAID BY YOU FOR SERVICES RENDERED BY ESSAYD. IN ADDITION, ESSAYD IS NOT RESPONSIBLE FOR ANY ACADEMIC FRAUD SUBMITTED ON YOUR BEHALF.

14. Indemnity

You agree to defend, indemnify and hold Essayd, its affiliates, suppliers, co-branders and other partners, directors, officers, employees and agents harmless from any and all liabilities, claims, costs and expenses, including reasonable attorneys' fees, related to or in connection with your: (a) violation of the Terms and Conditions, or (b) use of Essayd or any of its Services.

15. No License; Intellectual Property of Essayd

Except as expressly provided, nothing herein or within any of the Services shall be construed as conferring any license under any of Essayd's or any third party's intellectual property rights, whether by estoppels, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate Essayd is protected by copyright, trademark, patent, or other proprietary rights of Essayd, its affiliates and/or licensors. You agree not to copy, translate, pass on and/or reproduce any literary piece provided by Essayd.

16.Trademarks

Essayd and Essayd.com are registered trademarks of Essayd. Any use of any of the marks appearing on Essayd.com without the express written consent of Essayd as appropriate, is strictly prohibited.

17. Copyright Notices

All information and content contained on, or made available over, Essayd.com are: Copyright © ___________________________________All rights reserved. Any copying, republication or redistribution of such content, including by catching, framing or similar means, is expressly prohibited without the prior written consent of the copyright owner.

18. Territory

Essayd.com site originates in Montreal (Quebec), Canada.

19. Arbitration and Actions

Any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of Essayd or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Montreal, Quebec in English and governed by Quebec law pursuant to the Arbitration Act, 1991 (Quebec), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

20. Submission of Ideas and/or Suggestions

Essayd is always improving its websites and Services and developing new features. If you have ideas and/or suggestions regarding improvements or additions, we would like to hear them - but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO ESSAYD BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO ESSAYD, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO ESSAYD THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT ESSAYD IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY ESSAYD, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

21. Miscellaneous

The Terms and Conditions constitute the entire agreement between Essayd and you pertaining to your use of the Services and supersede any prior agreements between you and Essayd. Essayd's failure to insist upon or enforce strict performance of any right or provision of the Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in the Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. The Terms and Conditions shall be governed by and construed in accordance with the laws of the province of Quebec and the federal laws of Canada applicable therein. The parties have required that the Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s'y rattachent soient rédigés en anglais.